Articles from Vol. 81, No. 1, January

During the course of a civil proceeding, the court often makes findings of misconduct on the part of counsel. The court may find that a lawsuit is frivolous, that a conflict of interest existed, or that there was a breach of good faith or fiduciary...

This article originally appeared in the November 2013 Insurance and Reinsurance Committee newsletter. THE final step for many parties involved in arbitrations is to seek confirmation of a favorable final award in the relevant state or federal court,...

This article originally appeared in the September 2013 Technology Committee newsletter. NEARLY 150 years ago, in Bridge Proprietors v. Hoboken Co., the U.S. Supreme Court lamented the fact that "the most remarkable invention of modern times"--the...

While attending the recent 2013 International Corporate Counsel College ("ICCC") in Paris, I enjoyed a post-dinner conversation with ICCC attendees and colleagues in our host hotel. It was approaching midnight and the end of the night was drawing near,...

The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we hereby...

This article originally appeared in the November 2013 Appellate Practice Committee newsletter. TRIAL is fast approaching. Trial counsel knows a question of first impression is lurking in the background. A case of first impression is "[a] case that...

WHILE the Racketeer Influenced and Corrupt Organizations Act ("RICO") (1) has its roots in the fight against organized crime, (2) plaintiffs' attorneys, seeking RICO's treble damages and award of attorneys' fees, (3) have long sought to fit the RICO...

WHILE the Racketeer Influenced and Corrupt Organizations Act ("RICO")1 has its roots in the fight against organized crime,2 plaintiffs' attorneys, seeking RICO's treble damages and award of attorneys' fees,3 have long sought to fit the RICO square peg...

ONCE rare, amicus curiae or "friend of the court" briefs are now filed in the majority of appellate cases heard by the United States Supreme Court and various state supreme courts. In the United States Supreme Court, amicus briefs were filed in thirty-five...

This article originally appeared in the October 2013 Environmental and Energy Law Committee newsletter. ON August 20, 2013, the Third Circuit opened the door to common law tort claims even though the defendant was in full compliance with its Clean...